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Archives for October 2020

How to classify Automotive Hinges under HScode

2020-10-06 By Taichi Kawazoe

Hinges are usually classified as HS:8302.10.
But what if that hinge is used solely for Automotive parts?
You might think there is also the possibility of that being classified as Auto parts HS:8708

In order to make a clear line between HS:8302 and HS:8708, you need to understand two definitions.

1.What is excluded from heading 8708
2.Definitions of “general use parts”

What is excluded from heading 8708

According to CBP “Vehicles, Parts and Accessories Under the HTSUS”.(Section XVII GENERAL(III))
In order for motor vehicle parts or accessories to be classifiable under heading 8708, they must satisfy all three of the following conditions: otherwise, they are excluded from heading 8708.

(a) They must not be excluded by the terms of Note 2 to this Section
(see paragraph (A) below).

(b) They must be suitable for use solely or principally with the articles of Chapters 86 to
88 (see paragraph (B) below).

(c) They must not be more specifically included elsewhere in the Nomenclature (see
paragraph (C) below).

Above definitions (b) and (c) are understandable but (a) is not,so we need to refer Section XVII note2

Section XVII note2

The expressions “parts” and “parts and accessories” do not apply to the following articles、whether or not they are identifiable as for the goods of this Section:

(a) Joints、washers or the like of any material(classified according to their constituent material or in heading 84.84)or other articles of vulcanised rubber other than hard rubber(heading 40.16);

(b) Parts of general use、as defined in Note 2 to Section XV、of base metal(Section XV)、or similar goods of plastics(Chapter 39);

In this note, parts of general use are excluded from HS:8708 so what’s the definition of parts of general use? we need to refer to Note 2 to Section XV.

Definitions of “parts of general use”

Note 2 to Section XV state.

2.Throughout the Nomenclature, the expression “parts of general use” means:

(a) Articles of heading 73.07,73.12,73.15,73.17 or 73.18 and similar articles of other base metals;

(b) Springs and leaves for springs、of base metal、other than clock or watch springs(heading 91.14); and

(c) Articles of headings 83.01、83.02、83.08、83.10 and frames and mirrors、of base metal、of heading 83.06。

With the above definitions, we can see that HS:8302 is excluded from HS:8708.

And also Explanately note states that “hinges for automobiles” belong to HS:8302.

Automotive hinge’s customs rulings

Item image
Issued Country Spain
Reference ES-2012-000558-0636/10
Issuing date 2012-10-29
Item name hinge
Classified HS code 8302.10
Details & Customs Opinion Article commonly used consistently in the male (fixed) a hinge made of galvanized steel. Has a width of 31mm and ends in a shaft with a diameter of 15mm. Used in automotive vehicles (trailers) to support the side door of the trailer.

GIR 1 and 6, Notes 2 and 3 of Section XV, Note 2 b) of Section XVII, Note 1 to Chapter 83 and the wording of CN codes 8302, 8302.10.00, 8302.10.00.90 TARIC code.

 

Item image
Issued Country Spain
Reference ES-2012-000581-0433/10
Issuing date 2012-10-29
Item name hinge
Classified HS code 8302.10
Details & Customs Opinion Article general purpose steel, consisting of the mobile part of a hinge, which is fixed in the door. It has a length of 215mm and a maximum width of 140mm. Shaped like a square and one end has a hole with a diameter of 13mm. Used in automotive vehicles (trailers) in the back door.

GIR 1 and 6, Notes 2 and 3 of Section XV, Note 2 b) of Section XVII, Note 1 to Chapter 83 and the wording of CN codes 8302, 8302.10.00, 8302.10.00.90 TARIC code.

Source:European Union Website

Filed Under: Classification Example, HS Classification

bolts/nuts/screws are HS7318 or HS 8708??

2020-10-05 By Taichi Kawazoe

Most of the cases bolts/nuts/screws are usually classified as 7318 or depending on the materials(ex.plastic screws HS3926.90) even though they are used as auto parts.

But the US tends to classify them as auto parts 8708 if they have a specific purpose rather than screwed into something.

There lies a thin line between HS7318 and HS 8708 it’s like a coin-toss game.
Here are US customs advanced ruling decision database called CROSS‘s result for the keyword of “screw”

You can see two separate decisions.

Here are Indian import statistics database with HScode, the result for the keyword of “screw automobile”

You can also see two separate decisions.

Of course, the best way to avoid misclassification is to apply the advance ruling to importing customs but the procedure is really complexed and time-consuming.

When it comes to importing “bolts/nuts/screws” for automobiles.
further consideration is needed.

1.Cleary define what that “bolts/nuts/screws” are used for.
If they are used something rather than screwed into something, You need to understand what they are used for. This is the most important thing.

2.Prepare authority of classification from Explanatory notes with item’s documents and submit it to the customs before the import examination started by an officer.
It’s important to submit them before being questioned by a customs officer.
the officer is like a child with pride.
Even if your claim is valid.once they doubt the classification they hardly withdraw what they said due to their pride. In order to avoid this situation, you should submit all the detailed and valid authority of classification before the import examination started.

3.Search as many customs rulings decision as possible to make a conviction of classification.

Here are the customs rulings decision database.

US customs “CROSS”

CROSS

EU taxation and customs union “BTI Consultation”

BTI Consultation

 

Filed Under: Classification Example, HS Classification

Classify Plastic Autoparts HS:3926.30 or HS:8708.99

2020-10-02 By Taichi Kawazoe

When it comes to classifying Autoparts made of Plastic, there are many HS options.

Especially those two HS definitions are vague
HS:3926.30 “Fittings for coachwork or the like:” and
HS:8708.99 “Parts and accessories of the motor vehicles ”

When you need to classify plastic auto parts you would be confusing which HS code the item belongs to.

In order to make a clear line between them, you need to understand two methods.

1.What is excluded from heading 8708
2.Definitions of “general use parts”

What is excluded from heading 8708

According to CBP “Vehicles, Parts and Accessories Under the HTSUS”.
In order for motor vehicle parts or accessories to be classifiable under heading 8708, they must satisfy all three of the following conditions:
otherwise, they are excluded from heading 8708.

1.They must be identifiable as being suitable for use solely or principally with
motor vehicles of headings 8701-8705.

2.They must not be excluded by Section XVII, Note 2.

3.They must not be more specifically provided for elsewhere in the HTSUS.

Above definitions 1 and 3 are understandable but 2, we need to refer Section XVII note2

Section XVII note2

The expressions “parts” and “parts and accessories” do not apply to the following articles、whether or not they are identifiable as for the goods of this Section:

(a) Joints、washers or the like of any material(classified according to their constituent material or in heading 84.84)or other articles of vulcanised rubber other than hard rubber(heading 40.16);

(b) Parts of general use、as defined in Note 2 to Section XV、of base metal(Section XV)、or similar goods of plastics(Chapter 39);

In this note, parts of general use are excluded from HS:8708 so what’s the definition of parts of general use?

Definitions of “parts of general use”

Note 2 to Section XV state.

2.Throughout the Nomenclature, the expression “parts of general use” means:

(a) Articles of heading 73.07,73.12,73.15,73.17 or 73.18 and similar articles of other base metals;

(b) Springs and leaves for springs、of base metal、other than clock or watch springs(heading 91.14); and

(c) Articles of headings 83.01、83.02、83.08、83.10 and frames and mirrors、of base metal、of heading 83.06。

similar goods of (a),(b),(c) made of plastics are also considered as “parts of general use”

With the above definitions we may make a clear line between HS:3926.30 or HS:8708.99.

The Case of 3926.30

Even if the item is auto parts, fitting parts could be excluded from 8708.
below are examples of classified as 3926.30 by Europian Customs.


Fittings(panel for window frames)
DE4899-16-1


Fittings(panel for window frames)
DEBTI3658/19-1


Fittings
DEBTI27153/18-1


Logo
ESBTIESBTI2017SOL836

Logo
ESBTI2017SOL0000000000749-1

 

Some items are kind of Joints, and some are “parts of general use”

The Case of 8708.99

Even though the items below are made of plastic, they are essential parts for automobiles and not excluded from HS:8708.


The plastic blower for cars
SK12536/16/02


Parts of a steering column
DE892/17-1

 


CONSOLE
GB501958157

Glove box
DE4894-16-1

cable guide
DEBTI5248-18-1

Retrieved from:European Union Website

Filed Under: Case Study

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